Patna High CourtCR. MISC./6423/2024bail granted

Md. Zaheer v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6423 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Md. Zaheer S/O- Md. Rozit R/O- Village- Chhitahi Hanuman Nagar, Ward No.- 12, P.S.- Bhaptiyahi, Distt.- Supaul.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Jagadhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bhaptiyahi P.S. Case No.167 of 2023, lodged on 11.10.2023, under Sections 25(1-b)A/26 of the Arms Act.

3. As per the prosecution, FIR has been lodged against the petitioner from whose possession 9 MM pistol has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that no cartridge has been recovered from the possession of the petitioner. Counsel submits that the petitioner is in custody since 12.10.2023 having no criminal antecedent.

Patna High Court CR. MISC. No.6423 of 2024(3) dt.09-04-2024 2/3 Counsel submits that the conspiracy has been hatched against the petitioner.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail one month after framing of the charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Bhaptiyahi P.S. Case No. 167 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.6423 of 2024(3) dt.09-04-2024 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T